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(영문) 서울남부지방법원 2017.11.03 2017고단4077

특수건조물침입등

Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 26, 2017, around 13:30 on July 26, 2017, the Defendant invadedd a special structure into the victim C’s welfare center located in Guro-gu Seoul Metropolitan Government, and caused two shoulder gates, which are dangerous objects, to the two hand, and invaded the building managed by the victim by entering the 2nd floor office of the above welfare center through the above welfare center.

2. The Defendant interfered with the business of the Defendant cited two shouldered bricks in both hands and at the time and place indicated in the foregoing paragraph (1).

It interfered with the social welfare affairs of victims E (V) for about 10 minutes by avoiding disturbance, such as taking a large amount of sound, taking a bath, etc., of “hing down, dead, etc.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 320, 319 (1) (a) (a point of intrusion upon a special structure) of the Criminal Act, and Article 314 (1) of the Criminal Act (a point of interference with business);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as ordered in consideration of the fact that the defendant's age, sexual behavior, environment, etc., and the two factors of sentencing indicated in the record, are reflected in the past, which are favorable to the fact that several times of punishment have been imposed for violent crimes;